Mora, Rogelio
PD-1589-15
| Tex. App. | Dec 10, 2015Background
- Mora was convicted of capital murder during a robbery and sentenced to life without parole.
- Holloway, a sole eyewitness, identified Mora as the shooter after photo arrays and in court.
- Warrant issued September 2002; Mora was not located, left Harris County in June 2002.
- Mora was located in Matamoros, Mexico, in 2010 and arrested there in 2012.
- Trial occurred in May 2014; conviction upheld by the court of appeals; discretionary review granted.
- Appellant challenges (1) identity sufficiency and (2) admission of flight-to-Mexico evidence)
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the identity evidence is legally sufficient | Mora | State | Identity sufficient; one eyewitness can suffice |
| Whether flight to Mexico evidence was admissible | Mora challenges prejudice; weak probative value | State showed relevancy to locate/apprehend and explain delay | Not error; evidence admissible under Rule 403 analysis |
Key Cases Cited
- Billodeau v. State, 277 S.W.3d 34 (Tex. Crim. App. 2009) (abuse of discretion standard for evidentiary rulings)
- Gigliobianco v. State, 210 S.W.3d 637 (Tex. Crim. App. 2006) (Rule 403 balancing factors for evidence)
- Green v. State, 934 S.W.2d 92 (Tex. Crim. App. 1996) (abuse of discretion standard reaffirmed)
- Montgomery v. State, 810 S.W.3d 372 (Tex. Crim. App. 1990) (abuse of discretion and guiding rules)
- Prince v. State, 192 S.W.3d 49 (Tex. App.—Houston [14th Dist.] 2006) (Rule 403 balancing; prejudice vs probative value)